by dawnjurczyk » Mon Jul 12, 2010 03:43 pm
can the sole beneficiary request copy of the beneficiary designation after the principal has passed to prove to relatives that the designation was executed legally. The sole beneficiary was the POA on my dads accounts - and my dad raised us differently. The sole beneficiary tried to hide this but we found out. Now we want her to prove it by showing us his signature on the designation form. For all I know she changed it to herself cuz she was the DPOA
Posted: Mon Jul 12, 2010 10:52 pm Post Subject:
A lawyer would be likely to obtain a copy of the most current beneficiary designation. The beneficiary might possibly be entitled to it, but if they've already received a check from the insurance company, what incentive do they have to request something that could disprove their entitlement to the proceeds?
What exactly did the beneficiary try to "hide"? The death claim?
Posted: Tue Jul 13, 2010 12:00 am Post Subject:
Yes, she tried to hide the death claim. but my step mom found out that a claim had been paid by something mailed to my dad and her residence, otherwise we never even known there was a claim. We know that once paid out it is gone. We don't want the money we just want to know if there was self-dealing involved by her changing th ename of the original beneficiares to just her name by using the power of attorney she held for my dad. If it is true that all is legit then why wouldn't she just produce the proof and cordially end this all for peace of mind to all.
Posted: Tue Jul 13, 2010 02:36 am Post Subject:
I'm confused by what you are trying to prove by seeing the beneficiary designation. That the beneficiary was the only named beneficiary? If there were other named beneficiaries the insurance company would have paid them, it's not like she could have prevented that. Or is there the assumption that someone else was let in on the death benefit and you believe she is trying to hide something?
Posted: Tue Jul 13, 2010 06:19 am Post Subject:
My sister is the POA. She sadly has never been a very honest person. If you knew the things she had said and done even before my dad passed regarding division of his property you too would question whether my dad ever even knew the beneficiary was changed as my sister who was my dads POA could have changed it to herself without his knowledge or his signature. If my siblings and I could see the beneficiary designation form and he wasn't the one who signed it and she did as POA then we can be pretty confident that it was self dealing. I hope this explains the situation better. Thank you.
Posted: Tue Jul 13, 2010 02:45 pm Post Subject:
BNTRS . . .
I think the issue is whether the beneficiary was changed unlawfully. Obviously, we know that the insurance company will ignore a mere "power of attorney" and is going to look for the signature of the policyowner on a change of beneficiary form, but forgery is not unheard of. Proving duress or coercion is more troublesome.
Posted: Sat Jul 17, 2010 06:50 pm Post Subject:
Add your comment